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HomeMy WebLinkAbout09635 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 23, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, Public Works Director SUBJECT: AN ORDINANCE ADOPTING A WAIVER DELEGATING THE DAMAGE PREVENTION SAFETY PROGRAM OF THE CITY TO THE UNDERGROUND DAMAGE PREVENTION SAFETY COMMISSION OF THE STATE OF COLORADO SUMMARY: The proposed ordinance adopts a waiver delegating the City of Pueblo’s damage prevention safety program to the State of Colorado’s Underground Damage Prevention Safety Commission (“Safety Commission”). PREVIOUS COUNCIL ACTION : None BACKGROUND : The State of Colorado enacted Senate Bill 18-167 which, among other matters, established within the Colorado Department of Labor and Employment, Division of Oil and Public Safety, a Safety Commission. Pursuant to Section 9-1.5-104.2, C.R.S., the Safety Commission is tasked with advising governments and utility notification associations on policies relating to best practices and standards designed to protect the public health and safety by preventing damage to underground utilities during excavations, as well as reviewing alleged violations of the Excavation Requirements Act involving practices related to underground facilities and ordering appropriate remedial action or penalties. Section 9-1.5-104.2(1)(d), C.R.S., provides that home rule entities must either adopt their own damage prevention safety program, or adopt by resolution, ordinance or other official action, a waiver that delegates such authority to the Safety Commission. City administration believes it is in the best interest of the City to adopt a waiver delegating its damage safety prevention program to the Safety Commission. At the present time, the administrative burden of reviewing and enforcing alleged violations of the Excavation Requirements Act outweighs any benefit the City would receive by having its own program separate from the State. The Safety Commission Waiver for Home Rule Entities will be completed electronically upon approval and execution of this Ordinance. FINANCIAL IMPLICATIONS : None BOARD/COMMISSION RECOMMENDATION : None STAKEHOLDER PROCESS : None ALTERNATIVES : Alternative No. 1 – Adopt a City of Pueblo Damage Prevention Safety Program The City of Pueblo would be required to develop its own damage safety program similar to that established in Section 9-1.5-104.2(1)(d), C.R.S. The City would specifically be required to receive and process all alleged violations of the Excavation Requirements Act involving practices related to underground facilities which occur within the City and order appropriate remedial action or penalties. RECOMMENDATION : Approval of the Ordinance. Attachments : None ORDINANCE NO. 9635 AN ORDINANCE ADOPTING A WAIVER DELEGATING THE DAMAGE PREVENTION SAFETY PROGRAM OF THE CITY TO THE UNDERGROUND DAMAGE PREVENTION SAFETY COMMISSION OF THE STATE OF COLORADO WHEREAS, Pursuant to Section 9-1.5-104.2, C.R.S., the State of Colorado’s Underground Damage Prevention Safety Commission (“Safety Commission”) is tasked with advising governments and utility notification associations on policies relating to best practices and standards designed to protect the public health and safety by preventing damage to underground utilities during excavations, as well as reviewing alleged violations related to underground utilities; and WHEREAS, Section 9-1.5-104.2(1)(d), C.R.S., provides that home rule municipality must either adopt its own damage prevention safety program, or adopt by resolution, ordinance or other official action, a waiver that delegates such authority to the Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council approves and authorizes a waiver delegating its damage safety prevention program to the Safety Commission. Such waiver is subject to and conditioned upon the City’s right and authority to rescind the Waiver at any time in the future as it deems appropriate. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. The Public Works Director is specifically authorized to execute and submit the Waiver on behalf of the City. SECTION 3. This Ordinance shall become effective immediately after final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 23, 2019. Final adoption of Ordinance by City Council on January 13, 2020. President of City Council Action by the Mayor: ☒ Approved on January 21, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk